12 May 2009
CAREWINS DEVELOPMENT (CHINA) LTD v. BRIGHT FORTUNE SHIPPING LTD
- Citation
- CAREWINS DEVELOPMENT (CHINA) LTD v. BRIGHT FORTUNE SHIPPING LTD
- Court
- Court of Final Appeal
- Case number
- FACV13/2008
The Court held that the presentation rule applies to straight bills of lading and is a principal contractual purpose; clause 2(b) was ambiguous as to whether it covered deliberate delivery without presentation and must be construed contra proferentem, so it did not exclude liability for the carriers' delivery to the consignee without production of the original bills; therefore the carriers were liable.